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    the great outdoors

    Is it any wonder that we don't promote adventure tourism in this country? As usual down to the legal profession and the compo culture in this country.

    http://www.irishtimes.com/news/crime...ages-1.2612125
    When things go wrong, blame McGahan

    #2
    In fairness, she was originally looking for 60k.
    The Beatings Will Continue Until Morale Improves

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      #3
      Originally posted by B.A. View Post
      Is it any wonder that we don't promote adventure tourism in this country? As usual down to the legal profession and the compo culture in this country.

      http://www.irishtimes.com/news/crime...ages-1.2612125

      This sort of thing is a disgrace. You should take the bloody knocks of daily life and not be always looking to make a buck from it or blame someone else for your accidents.
      How many thousands of people successfully negotiated this walkway before and since her fall.

      I remember a story from some years back, it was about some farmer who was in prison for failing to purge himself of some kind of contempt of court.
      It was to do with an action for compensation that had been taken against him.
      A tree had fallen on his property and another man had volunteered to chop it up and take away the wood. No money was to change hands, the farmer was getting rid of the tree and the man was getting the wood for free. However he managed to injure himself quite seriously and sued the farmer who didn't have the required insurance and was facing losing his farm to pay the award. Does this ring a bell with anyone? I'd love to know what happened finally.

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        #4
        I'm in two minds about this one! I dislike compensation scams, but in this case the claimant appears to have some points in her favour:

        If the Parks and Wildlife Service hadn't provided a boardwalk and she had fallen on rough ground, then tough titty. The problem here is that they had, and that a sign (presumably erected by the PWS) directed hikers to use it. Given that, it is the landowner's responsibility to ensure that the boardwalk was safe for walking on. But: "Judge Linnane said it was clear from photographs produced in evidence that the boardwalk had been made up of second hand wooden railway sleepers that were badly rotted with protruding staples loosely holding down chicken wire...... she told counsel for Ms Wall, that reasonable care had not been taken to maintain the boardwalk in a safe condition and this failure was responsible for his client’s injuries, a gash to her right knee which required seven stitches."

        My main gripe would be with amount of damages awarded: €40k for 7 stitches seems (to this unqualified old git) on the high side.

        While an appeal to the High Court may seem tempting, the risk for the PWS is that the Court could double the award, or worse!
        New infraction avoidance policy: a post may be described as imbecilic, but its author should never be described as an imbecile.

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          #5
          I wonder have any sherpas fallen over any of the rubbish she left behind at Everest base camp?
          Tic-Toc. POC and DOC. Stop the clock.

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            #6
            Tbh old dog, imho if you go out in the wilderness you should be prepared for the knocks that comes with it otherwise stay at home. This sets a precedent. As a mountainbiker we spend months, even years negotiating with the likes of Coillte to promote adventure tourism in building trail centres like ballyhoura etc. There is a new trail centre going into the slieve blooms near kinnitty which took 7 years of negotiations. This kind of ballsology endangers all that hard work. Cover her medical costs and tell her to be more careful next time would be a fairer outcome
            When things go wrong, blame McGahan

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              #7
              Nobody set out to harm anyone. The intent of the walkway was to help people, and who knows how many injuries it may have prevented because it was there. It was presumably placed in a place that was otherwise awkward.
              In other words the intention was to be a good samaritan and this is how it has been repaid.
              If your intention was good and you weren't recklessly careless you should not have to fear litigation.

              Is it unworthy to suppose that there is a subconscious motivation for judges to help out lawyers and solicitors?
              That they remember how it was for themselves and realise that these boys depend on a steady stream of litigants.
              Because otherwise how are we to explain how it is that judges bend over backwards to find for the plaintiff in these cases and award such silly sums.

              Comment


                #8
                Originally posted by B.A. View Post

                Cover her medical costs and tell her to be more careful next time would be a fairer outcome
                If that was the judge's verdict, then I'd have been quite happy - although such a verdict would presumably have meant that she had won her case.

                If the PWS had left "the wilderness" (as you call it) alone and she had fallen, then it would have been her problem. But if a man-made structure, be it a wooden bridge, a boardwalk, a stile, a ladder or what have you, is added to the landscape and hikers are directed to use it then the landowner must ensure that it's kept in a safe condition.

                Bearing in mind the risk of the High Court increasing her award, do you want the PWS to appeal this verdict?
                New infraction avoidance policy: a post may be described as imbecilic, but its author should never be described as an imbecile.

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                  #9
                  Decision seems reasonable to me. If I direct someone on to my boardwalks and I haven't bother to replace the rotten beams, then I deserve claims against me.

                  They should maintain it as either a park or a wilderness. They were exposed, and have no excuse. And I'm not a lawyer.
                  "I don't believe in fairytales," O'Connell once told me, "even though it feels like I've been lucky enough to live through a few. However it ends, I'll feel lucky."
                  Donald McRae, Guardian Rugby, October 2015

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                    #10
                    Shirley, the burden should have come down on whether the NPWS knew of the poor condition and did nothing about it? I knew of case where a judge threw out a case because the public body was not aware of the condition of an item of infrastructure, a small piece admittedly, and therefore could not repair/replace what it did not know was damaged.

                    The level of award in the case is OTT. As BA pointed out this will have major repercussions for adventure tourism. For example large sections of the Kerry Way is on private property and farmland.
                    The Beatings Will Continue Until Morale Improves

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                      #11
                      Sorry I just cant agree as an outdoors person you need to take responsibility for your actions. Ballyhoura is famed for its slick boardwalks over boggy sections, everyone has taken a major hop off them it's part of the fun, I have more gashes than I care to remember, if anyone sued, the nanny state will kick in and it will be ruined for everyone. 40k is a ridiculous amount for 7 stitches and only encourages others to chance their arm.
                      Last edited by B.A.; 15th-April-2016, 23:21.
                      When things go wrong, blame McGahan

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                        #12
                        looks like it will be appealed http://www.thejournal.ie/hiking-appe...urce=shortlink
                        When things go wrong, blame McGahan

                        Comment


                          #13
                          Was there a charge to use this park? That would make a clear difference for me. But either way €40k is ridiculous.
                          The whole world cries out peace, freedom and a few less fat bastards eating all the pie.

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                            #14
                            Was there a charge to use this park? That would make a clear difference for me. But either way €40k is ridiculous.
                            The whole world cries out peace, freedom and a few less fat bastards eating all the pie.

                            Comment


                              #15
                              40k for 7 leg stitches is the reason we have such a compensation culture in this country. God be with the days of brushing yourself down after a fall in the hope nobody seen you, now they hope somebody does.

                              Sent from my E5823 using Tapatalk
                              "Everything good about Ireland can be found in County Cork"....Lonely Planet Guide 2012

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